Legal Opinion

Elledge v. Superior Court

California Supreme Court

Decided December 31, 1900No. Sac. No. 547PublishedCited by 8 opinions

CERTIORARI in the Supreme Court to review an order of the Superior Court of Lassen County striking out the costs from a judgment. E. A. Kelley, Judge. The facts are stated in the opinion of the court.

1Opinion of the Court

THE COURT.

In an action brought by the petitioner against D. W. Ridenour et al. in the superior court of Lassen county, judgment was entered in his favor for the amount of two hundred and ninety dollars damages. Thereafter the defendants therein filed a memorandum of costs amounting to ninety-two dollars. Plaintiff thereupon moved the court to strike this memorandum of costs from the files,upon the ground that as the judgment made no provision regarding costs the defendants were not entitled to recover their costs. The court granted this motion, but immediately thereafter, of its own motion,…

2Cases cited1 opinion

  1. Southern California Railway Co. v. Superior CourtCalifornia Supreme Court · 1899

3Cited by8 opinions

  1. Hennessy v. Superior CourtCalifornia Supreme Court · 1924
  2. Markart v. ZeimerCalifornia Court of Appeal · 1925
  3. Sierra Union Water & Mining Co. v. WolffCalifornia Supreme Court · 1904
  4. Linforth v. San Francisco Gas & Electric Co.California Court of Appeal · 1908
  5. County of Contra Costa v. Cowell Portland Cement Co.California Court of Appeal · 1932

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